CESCR General Comment No. 20: Nondiscrimination in Economic, Social, and Cultural Rights 

This General Comment provides more guidance on the interpretation of Article 2, paragraph 2 of the ICESCR. In particular, the General Comment:

• Reaffirms the right to not be discriminated against in the field of health;
• Distinguishes between formal and substantive discrimination to affirm that States must adopt the necessary measures to prevent, diminish, and eliminate the conditions and attitudes which cause or perpetuate de facto discrimination;
• Recognizes the ability for States to adopt special measures to attenuate or suppress conditions that perpetuate discrimination;
• Recognizes both direct and indirect discrimination;
• Interprets the word “sex” to cover not only physiological characteristics but also the social construction of gender stereotypes, prejudices and expected roles, which have created obstacles to the equal fulfillment of economic, social and cultural rights, and;
• Imposes a duty on States to adopt measures to prevent discrimination in the private sphere.

UN Document: E/C.12/GC/20